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Home My WebLink About16310RESOLUTION NO. 16310 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT (REV-26-10) TO 2033 JMR PROPERTY, LLC., FOR THE EXISTING FENCE ENCROACHING ON ROW ROUGHLY 17.5' OF THE ENTIRE 2025 JERRY MURPHY ROAD BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The attached Revocable Permit (REV-26-10) to 2033 JMR Property, LLC., for the existing fence encroaching on ROW roughly 17.5' of the entire 2025 Jerry Murphy Road. SECTION 2. The use of the public right-of-way granted hereby is subject to all limitations, terms, and conditions set forth in the attached Revocable Permit. SECTION 3. The officers of the City of Pueblo are authorized to perform any and all acts consistent with the intent of this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: April 27, 2026 BY: Brett Boston MEMBERS O CITY COU�IL APPROVED: VICE 1RESIDE OF CI '" COUNCIL ATTESTED BY: CITY CLE City Clerk's Office Item # M4 COUNCIL MEETING DATE: April 27, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT (REV-26-10) TO 2033 JMR PROPERTY, LLC., FOR THE EXISTING FENCE ENCROACHING ON ROW ROUGHLY 17.5' OF THE ENTIRE 2025 JERRY MURPHY ROAD SUMMARY: Attached is a Revocable Permit (REV-26-10) for issuance to 2033 JMR Property, LLC. PREVIOUS COUNCIL ACTION: None. BACKGROUND: 2033 JMR Property, LLC., has submitted a Revocable Permit (REV-26-10) for the existing fence encroaching on ROW roughly 17.5' of the entire fronting stretch of 2025 Jerry Murphy Road. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Failure to approve the Resolution will prevent the applicant from installing the authorized improvements. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: REV-26-10 2407417 05/27/2026 02:33:58 PIS Page: 1 of 1 R 43.00 D 0,00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County Cc IIIJ�� "�lL�1:6'Ii'I�1 1 II1 RESOLUTION NO. 16310 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT (REV-26-10) TO 2033 JMR PROPERTY, LLC., FOR THE EXISTING FENCE ENCROACHING ON ROW ROUGHLY 17.5' OF THE ENTIRE 2025 JERRY MURPHY ROAD BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The attached Revocable Permit (REV-26-10) to 2033 JMR Property, LLC., for the existing fence encroaching on ROW roughly 17.5' of the entire 2025 Jerry Murphy Road. SECTION 2. The use of the public right-of-way granted hereby is subject to all limitations, terms, and conditions set forth in the attached Revocable Permit. SECTION 3. The officers of the City of Pueblo are authorized to perform any and all acts consistent with the intent of this Resolution to implement the policies and procedures described herein. SFCTION 4 This Resolution shall become effective immediately upon passage and approval. INTRODUCED: April 27, 2026 3l MEMBER, Of OITY COUNCIL APPROVED: / t / f " VICE FFRESIDEW OF CIa COUNCIL P ATTESTED BY; I REVOCABLE PERMIT (Existing Structure) Pursuant to the authority granted by Section 16-9 of the Charter of Pueblo, a Municipal Corporation, (the "City"), the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions herein contained and the Permittee's compliance therewith: 1. Name, Address and Telephone Number of Permittee: 2033 JR Property LLC 5303 East Evans Ave Suite 309, Denver CO 8o222 617-851-2059 5303 East Evans Ave Suite 309, Denver CO 80222 2. Permitted Area: 2025 Jerry Murphy Rd - existing fence encroaching in ROW roughly 17.5` of the entire fronting stretch of Jerry Murphy Rd. 3. Purpose of Revocable Permit: Allow the Authorized Structure to be within the Permitted Area until termination or revocation of this Revocable Permit. 4. Authorized Structure: Existing fence is black wrought iron picket fence. Existing fence is approx. 415` fronting Jerry Murphy Rd. 5. Commencement Date: April 28, 2026 6. Ending Date: Indefinite PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED REVOCABLE PERMIT (THE "PERMIT") REPRESENTS, WARRANTS AND AGREES: (a) The Permitted Area shall be used for the above -specified Purpose of Revocable Permit. In no event shall the Authorized Structure be enlarged or otherwise expanded beyond its current size or location. (b) The Authorized Structure shall be maintained by Permittee in compliance with all applicable codes, ordinances, rules and regulations of City and this Permit. (c) If the Revocable Permit is issued for a sidewalk caf6, the Permittee and sidewalk caf6 shall be subject to all the provisions, conditions and requirements contained in section 9-10-84 of the Pueblo Municipal Code, or as same may be amended, which are incorporated herein by reference. In addition, the Authorized Structure shall not be tied -down or chained to any tree within or adjacent to the Permitted Area nor shall the Authorized Structure hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked adjacent to or near the Permitted Area. (d) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at Permittee's expense, remove the Authorized Structure from the Permitted Area, repair any damage caused by such removal and restore the Permitted Area to a condition compliant with all existing laws. Failure to timely remove the Authorized Structure from the Permitted Area, repair any damage caused by such removal and restore the Permitted Area to a condition compliant with all existing laws shall constitute Permittee's abandonment of the Authorized Structure, and the City may, at Permittee's expense, remove the Authorized Structure from the Permitted Area, repair any damage caused by such removal and restore the Permitted Area to a condition compliant with all existing laws. Permittee agrees to pay all City's costs and expenses, including reasonable attorney fees, incurred in the enforcement of this Permit. (e) Permittee shall keep the Authorized Structure and Permitted Area in good, clean and safe condition and repair, free from litter, waste and debris. (f) Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and against any and all suits, claims, liabilities, loss, damages and expenses, including reasonable attorney fees and cost of defense, arising, directly or indirectly, from or caused by the issuance of this Permit or the conditions hereof, or the existence, repair or maintenance of the Authorized Structure in the Permitted Area, or the use of the Permitted Area or Authorized Structure by Permittee, its officers, agents, employees, invitees or general public. (g) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned, transferred or sublet by Permittee without the prior written consent of the City Council of City. Any attempted conveyance, assignment, transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked. (h) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and the Authorized Structure in amounts not less than $r,000,000.00 combined single limits per occurrence and aggregate, naming the City as an additional insured and contain a waiver of rights of subrogation against City. A certificate for such insurance CA — 4/6/io and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be automatically revoked. (i) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation. 0) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail, postage prepaid, as follows: (i) If to Permittee, at the address shown in paragraph 1 above. (ii) If to City, 1 City Hall Place, Pueblo, Colorado, 81003, Attention: Revocable Permit Review Committee. Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph 0). (k) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and all purposes. City may injure, damage or remove Permittee's Authorized Structure in the Permitted Area in exercising the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's Authorized Structure within the Permitted area, and City shall have no responsibility or liability for any damage or injuries thereto, whatsoever the cause, including, but not limited to, the acts nr omissions of City. its officers. emplovees. or agents. 2407418 05/27/2026 02:33:58 PM Page: 1 of 2 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Cc �''� do NN UP" I �� 2407418 05/27/2025 02:33:58 PM page: 2 of 2 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co 1111 KFATIVAIVIN, 114 WAR N." hi Ok 11111 (1) This Permit shall terrainale ujwn the occurrence of any one of the following events: (i) the'rinic oftlie Ending Date, (H) abandonment or non-use by Perunittee for a period of three (,,3) consecutive months, (iii) surrender or ",incelhition of the Permit in writirig by Perrnittee, (i%,) aawornaflc rewcation as provided in paragraphs (g) and (h) above; or (v) revocation or termination of this Permit by resolution of the City Council of City. (m) Pennittee acknmfledgesand agrees that this PerTnit is temporary and subject to re"wat ion or tennination by resolution oft hc City Council Of City, in its sole discretion, for any reason or no reason, at anyfitne,, withoot liability to City, and ,without notice to or hearing by Permittee. Permittee waives any and all Tight or claim to such notice, hearing, and liability of the City. hq�-�L IN f Signed in Pueblo, Colorado this -day of.— 20 Z--ko .......... . PERMITTEE: Organization or 3 Individual: By� Title: ur STATE OF COLORADO) COUNTY OF PUEBLO) SS., Tmh�eicgoin inst le"Wwasac olvieded before me the. Z9day of-Ayi L 20 by M Ear 6— pr as .......... My commission expires: RACHELSACK NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID 20184007887 MY COMMON EXPRES 0211712030 APPROVED this --4� day of 20 PUEBLO, a Municipal Corporation By . ....... . He T- Graham, Mayor